M.Veeramani, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.8448 of 2024 M.Veeramani ... Petitioner Vs
1. The District Cllector, Office of District Collector, Collectorate, Kallakurichi District, Kallakurichi - 606 202.
2. The District Revenue Officer, Office of District Collector, Collectorate, Kallakurichi District, Kallakurichi - 606 202.
3. The Revenue Divisional officer, Office of the Revenue Divisional officer, Kallakurichi District, Kallakurichi - 606 202.
4. The Tahsildar, Office of the Tahsildar, Chinnasalem Taluk, Kallakurichi District - 606 201.
... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the Respondent to issue patta in favour of the petitioner in respect of the property a piece of 1/7
Grama Natham Admeasuring about 2178 sq.ft in S.No. 351/2A (earlier Gramanatham S.No. 351/2) Chinnasalem Taluk Kallakurichi District based on the application dated 1)20.04.2015 2)05.10.2015 3)24.10.2016 4)07.06.2017 5) 12.06.2019 6)27.02.2023 made to the Respondents. For Petitioner : Mr.D.Murugan For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondents to issue patta in favour of the petitioner in respect of the property a piece of Grama Natham Admeasuring about 2178 sq.ft in S.No. 351/2A (earlier Gramanatham S.No. 351/2) Chinnasalem Taluk Kallakurichi District based on the applications dated 20.04.2015, 05.10.2015, 24.10.2016, 07.06.2017, 12.06.2019 and 27.02.2023 made to the Respondents.
2. Heard Mr.D.Murugan, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned counsel appearing for the respondents.
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3. The case of the petitioner is that the petitioner has purchased subject property and he has been in possession of the property and mutated electricity and other tax receipt in the name of the petitioner. But patta has not been given in the name of the petitioner. The further case of the petitioner is that similarly placed persons have been issued patta as per the Orders of this Court in W.P.No.33983 of 2022 dated 20.12.2022. According to the petitioner, though the petitioner has given various representations to the respondents for issuance of patta, the same has not been considered by the respondents. Hence, the present Writ Petition has been filed.
4. Similar request of other persons have been considered by this Court in W.P.No.33983 of 2022 dated 20.12.2022 and following Order has been passed :
10. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders: ? That there shall be a direction to the fourth respondent to consider the request/applications submitted in this regard 3/7
by the petitioners individually, if they have not already made any such application, they should make individually within a period of two(2) weeks from the date of receipt of a copy of this order to the fourth respondent requesting him to survey the land and to issue individual patta.
? On receipt of such applications or already applications have been received, the fourth respondent shall act upon on those applications and do the needful by surveying the land for issuance of individual patta to these petitioners, if they are otherwise in order.
? It is made clear that while examining the said issue for survey of the land and for issuance of individual patta, the fourth respondent shall take into account the findings given by the second respondent through his proceedings dated 31.10.2022 as an aid and advice from the District Revenue Officer.
? The needful as indicated above shall be undertaken by the fourth respondent within a period of eight(8) weeks from 4/7
the date of receipt of a copy of this order."
5. In the light of the above direction already given by this Court in this regard, the respondents are directed to consider the case of the petitioner on merits and pass Orders within a period of two months from the date of receipt of a copy of this Order.
6. With the above direction, this Writ Petition is disposed of. No costs.
01.04.2024 Index:Yes/No vrc To,
1. The District Cllector, Office of District Collector, Collectorate, Kallakurichi District, Kallakurichi - 606 202.
2. The District Revenue Officer, Office of District Collector, Collectorate, Kallakurichi District, Kallakurichi - 606 202.
3. The Revenue Divisional officer, Office of the Revenue Divisional officer, Kallakurichi District, Kallakurichi - 606 202.
4. The Tahsildar, 5/7
Office of the Tahsildar, Chinnasalem Taluk, Kallakurichi District - 606 201.
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N.SATHISH KUMAR, J.
vrc WP.No.8448 of 2024 01.04.2024 7/7